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O1679 CA:JL:mhstmp/hpadv/pc City Council Meeting 3-30-93 Santa Monica, California ORDINANCE NUMBER 1679(CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTIONS 9.16.070, 9.16.090, 9.16.110 AND 9.16.120 RELATING TO WORKSITE TRANSPORTATION PLANS THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Santa Monica Municipal Code section 9.16.070 is amended to read as follows: SECl'ION 9.16.070. Contents of Worksite Transportation Plans. Employers of 50 or more employees shall prepare, implement, and monitor Worksite Transportation Plans for transportation demand management (TDM) , transportation system management (TSM) , and transportation facility development (TFD), which Worksite Transportation Plans shall reduce traffic and environmental impacts of their sites in the City. The Worksite Transportation Plan shall be in a form approved by the City'S Transportation Management Coordinator. (a) The Worksite Transportation Plan shall include some or all of the following mitigation - 1 - measures, and shall include an implementation schedule for each incentive contained therein: (I) Education and Marketing: Hire and fund an in-house Transportation Management Coordinator; participate in a TMA if available or required. (2) Parking Management: increase employee parking fees; preferential carpool and vanpool parking. (3) Ridesharing: Conduct participate in Rideshare Matching Program; vanpools; provide carpool, vanpool, and subsidies. Charge or establish or broker buspool (4) Transit: Provide transit tokens or pass subsidies; dedicate land, if required or approved by the city, for light rail right-of-way, park-n-ride lots, transit stops, or bus bays; operate or fund shuttle bus operations; install and maintain bus shelter(s), if required or approved by the city. (5) Bicycling: Provide secure bicycle storage facilities; provide showers and lockers; develop or fund City-approved bicycle paths. (6) Alternative Work Schedules: Implement 4/40 work weeks; implement 9/80 work weeks; implement other flexible work weeks as approved by the city's Transportation Management Coordinator; establish telecommuting program. - 2 - (7) Trip Length Reduction: Conduct outreach in order to facilitate hiring to increase proportion of employees living wi thin three miles radius of worksite. (8) Use of Clean Fuel Vehicles: Provide incentives to employees who commute in a clean fuel vehicle. (9) other Measures Approved by the City's Transportation Management Coordinator. (b) The Worksite Transportation Plan shall consist of a report that: (I) Calculates AVR levels for morning and afternoon peak periods. (2) Describes the plan incentives to be offered. ( 3 ) Determines the number and percentage of the project population that participates in rideshare activities, by mode, and estimates these statistics for the upcoming plan year. (4) Determines the use of COde-required on-site parking facilities (i. e., number of spaces for visitors, single occupant vehicles, carpools, vanpools, etc.) and estimates use for the upcoming year. (5) Determines the use of off-site parking and estimates use for the upcoming year. - 3 - (6) Determines the current number of transit tokens/passes sold to project employees at full or discounted prices and the estimated number to be sold in the upcoming plan year. (7) Determines the number of employees on flextime schedules or on compressed schedules and the number of employees who telecommute and estimates these numbers for the upcoming year. (8) Determines the number of employees who bicycle or walk to work and the number of bicycle racks, lockers, and shower/locker facilities on-site and estimates these statistics for the upcoming year. (9) Determines the physical condition of project-related TSM capital improvements. (10) Determines the number of morning and evening peak period vehicle trips to and from the worksite, and work related trips. (11) Identifies and evaluates objectives of the plan and provides an explanation of why the plan is likely to achieve the AVR target levels. (12) Names the designated person or trained Worksite Transportation Coordinator for each site who is responsible for the preparation, implementation, and monitoring of the plan. (13) Includes an employee survey which is not more than six months old, or other mechanism - 4 - approved by the Parking and Traffic Engineer. This survey must be taken over five consecutive workdays (Monday through Friday). This survey must have a minimum response rate of 75% of employees who report to work between 6:00 a.m. and 10:00 a.m. inclusive Monday through Friday, and 75% of employees who report to work or leave work between 3:00 p.m. and 7:00 p.m. inclusive Monday through Friday. (14) Includes a zip code listing showing where all employees live who report to the worksite during the peak periods. (15) Lists public transit services serving the worksite, indicating the specific locations of nearby transit stops. (16) Includes a management commitment cover letter signed by the highest ranking official on site, which includes a description of efforts taken to involve employees in the development of commute alternative incentives, and states that employee notification provisions have been and will be met. (17) Describes the general type of business and any unique aspects, such as seasonal fluctuations in the number of employees and/or any business cycles. (c) All Worksite Transportation Plans are required to describe the actions that the employer took to actively involve employees in the - 5 - development of commute alternative incentives. Examples of acceptable employee involvement efforts include the following: open-ended survey questions; quality circle discussions; employee awareness programs; and, focus groups. The management commitment letter must identify which effort(s} was taken. (d) Each employer filing a Worksite Transportation Plan is required to notify its employees of the contents of the plan thirty (30) days prior to filing its plan with the city. Notification must also include information about when and where employees can review the plan. Employers must notify employees of plan approval within thirty (30) days of approval by the city. The management commitment letter must state that these provisions have been and will be met. (e) Employers must keep detailed records of all documents which verify the figures used to calculate Average Vehicle Ridership (AVR). These records shall include at a minimum: total eligible employee population, vehicle counts, monetary incenti ve payments, service commencement dates for vanpools, usage of company-owned fleet vehicles for ridesharing or guaranteed ride home programs, and number of employees telecommuting or working flexible work hours. Records shall be retained for at least two years. Approved trip reduction plans - 6 - from prior years shall be kept for a period of at least five years from date of approval. Failure to maintain records or falsification of records will be deemed a violation of this Chapter. amended to read as follows: SECTION 2. Santa Monica Municipal Code section 9.16.090 is SECTION 9.16.090. of Employer Worksite Plans. Procedures for Submission (a) The City TMP Office shall begin sending written notice by certified mail to employers in accordance with the following schedule: December 1, 1993 and Dec. 1 of every year thereafter December 1, 1994 and Dec. 1 of every year thereafter December 1, 1995 and Dec. 1 of every year thereafter Each employer shall Employers who employ 100 or more employees Employers who employ 50-99 or more employees Employers who employ 10-49 employees. submit to the City's Transportation Management Coordinator a Worksite Transportation Plan within 90 calendar days after the receipt of the notice. For employers of 100 or more employees, an approved Regulation XV Plan less than six months old may be submitted as the Worksite Transportation Plan. In the event that the employer reasonably needs more time to submit a Worksite Transportation Plan, the employer may file a written - 7 - request for an extension with the city's Transportation Management Coordinator. All requests must be received by the City TMP Office no later than 60 calendar days after notification by the city. The city's Transportation Management Coordinator shall notify the employer whether or not the extension has been granted within 15 days of receipt of a written request for extension. In no event shall the submission date be extended for more than 60 days from the initial submission date. (b) After the employer submits the Worksite Transportation Plan, the City's Transportation Management Coordinator must ei ther approve or disapprove the plan wi thin 120 days. Notice of approval or disapproval shall be given by registered or certified mail. If the Worksite Transportation Plan is disapproved, the reasons for disapproval shall be given in writing to the employer. Any plan disapproved by the City's Transportation Management Coordinator must be revised by the employer and resubmitted to the City's Transportation Management Coordinator within 30 days of the notice of disapproval. (c) An approved employer plan may be revised by submitting a plan revision. The revision shall not be effective until approved by the city's Transportation Management Coordinator. - 8 - (d) No employer of 100 or more employees shall be responsible for complying with this Chapter until such time as the City and South Coast Air Quality Management District execute an agreement which provides an exemption to those employers from the requirements of filing a Regulation XV plan with the South Coast Air Quality Management District. If at any time the City fails to meet its obligations under the executed agreement, employers of 100 or more employees in the City shall be released from this Chapter and shall be subject to compliance with South Coast Air Quality Management District Regulation XV requirements. However, this exemption does not relieve employers from their obligation under South Coast Air Quality Management District Regulation VII. (e) It is the responsibility of all employers of 100 or more employees to submit to the City their Worksi te Transportation Plan by December 1, 1994, even if they do not receive a notice from the City, unless they have been notified by the City to do so at an earlier date. (f) It is the responsibility of all employers of 50-99 employees to submit to the City their Worksite Transportation Plan by December 1, 1995, even if they do not receive a notice from the City, unless they have been notified by the City to do so at an earlier date. - 9 - (g) It is the responsibility of all employers of 10-49 employees to submit to the City their Worksi te Transportation Plan by December 1, 1996, even if they do not receive a notice from the City, unless they have been notified by the City to do so at an earlier date. (h) It is the responsibility of all employers subject to this Ordinance to submit an updated Worksite Transportation Plan to the City annually on the anniversary date of the most recent Worksite Transportation Plan approval by the city. SECTION 3. Santa Monica Municipal Code section 9.16.110 is amended to read as follows: SECTION 9.16.110. Developer Worksite Transportation Plans. Developers of non-residential projects which will result in ten (10) or more peak period trips once the development is completed shall submit a Worksite Transportation Plan to the City for implementation of selected measures from Section 9.12.070 and required measures, as applicable, from section 9.12.120, at their development site in accordance with the procedures set forth in Section 9.12.120. SECTION 4. Santa Monica Municipal Code Section 9.16.120 is amended to read as follows: - 10 - SECTION 9.16.120. Procedure for Submission of Developer Plans. (a) Developers of non-residential projects which will generate 10 or more p. m. peak period trips who apply for building permits for new or expanded development projects in the City shall be required to submit a Worksite Transportation Plan meeting the requirements of this Chapter at the time of application for the project's first planning approval. The City's Transportation Management Coordinator shall approve or disapprove the plan within thirty (30) days of project approval by the Planning Division or the City council, when a Planning Division approval is appealed. Notice of approval or disapproval shall be given by registered or certified mail. If the plan is disapproved, the reasons for disapproval shall be given in writing to the developer. Any plan disapproved by the City's Transportation Management Coordinator must be revised by the. developer and resubmitted to the City's Transportation Management Coordinator within 30 days of the notice of disapproval. (b) Developer Worksite Transportation Plans shall include those items listed in section 9.12.070 which relate to facility improvements that the developers may implement, plus any improvements as required in paragraph (c) below. Examples of developer plan elements include preferential parking - 11 - areas, bicycle storage lockers, showers and lockers, and transit bays. (c) In addition to optional or otherwise required facility improvements, the following shall be required: (1) Non-residential development of 25,000 square feet or more shall provide, to the satisfaction of the city, a bulletin board, display case, or kiosk, displaying transportation information located where the greatest number of employees are likely to see it. Information shall include, but is not limited to, the following: a. Current maps, routes for public transit routes serving the and schedules site. b. Telephone numbers for referrals on transportation information including numbers for the regional ridesharing agency and local transit operators. c. Ridesharing promotional material supplied by commuter-oriented organizations. d. Bicycle route and facility information, including regional/ local bicycle maps and bicycle safety information. e. A list of facilities available for carpoolers, vanpoolers, bicyclists, riders, and pedestrians at the site. transit - 12 - (2) Non-residential development of 100,000 square feet or more shall comply with the requirements in section 9.12. 120 (c) (I) above, and shall provide all of the following measures to the satisfaction of the City: a. A safe and convenient zone in which vanpool and carpool vehicles may deliver or board their passengers. b. Sidewalks or other designated pathways following direct and safe routes from the external pedestrian circulation system to each building in the development. c. If determined necessary by the City to mitigate the project impact, bus stop improvements must be provided. The City will consult with the local bus service providers in determining appropriate improvements. When locating bus stops and/or planning building entrances, entrances must be designed to provide safe and efficient access to nearby transit stations/stops. (d) An approved worksite transportation plan shall be required prior to issuance of a building permit. (e) Developers shall not be required to update approved transportation management plans. However, compliance with such plans shall be accomplished by the requirement set forth in section 9.12.080 that employer worksite plans be consistent - 13 - with developer plans for the worksite, unless the Transportation Management Coordinator approves alternative plan components. (f) A developer may amend a Worksite Transportation Plan subsequent to approval of such plan by submitting a plan revision. A subsequent owner may amend a plan in the same manner. The amended plan shall not be effective until approved by the City's Transportation Management Coordinator. SECTION 5. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, are hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. SECTION 6. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional. SECTION 7. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall - 14 - cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective after 30 days from its adoption. APPROVED AS TO FORM: ~~ JO' PH LAWRENCE Acting City Attorney - 15 - Adopted and approved this 30th day of March, 1993. ~4dr I hereby certify that the foregoing Ordinance No. 1679(CCS} was duly and regularly introduced at a meeting of the City council on the 23rd day of March 1993; that the said Ordinance was thereafter duly adopted at a meeting of the City Council on the 30th day of March 1993 by the following Council vote: Ayes: Councilmembers: Abdo, Genser, Greenberg, Holbrook, Olsen, Rosenstein, Vazquez Noes: Councilmembers: None Abstain: Councilmembers: None Absent: Councilmembers: None ATTEST: At'j)t~ ----- ci ty Clerk I